Executive Power
The Executive Power Case That Unites Donald Trump and Franklin Roosevelt
Trump’s firing of a federal agency head may soon spell doom for a New Deal era precedent that limited presidential power.
Supreme Court Stays Reinstatement of Fired NLRB and MSPB Members
"Because the Constitution vests the executive power in the President, he may remove without cause executive officers who exercise that power on his behalf, subject to narrow exceptions recognized by our precedents."
Forbes Interview on Developments in Our Case and Other Litigation Against Trump's "Liberation Day" Tariffs
I was interviewed by Brittany Lewis of Forbes.
Fourth Circuit Rules Against Trump Administration in Alien Enemies Act Case
In a 2-1 ruling, the Court ruled Trump's invocation of the Alien Enemies Act cannot supersede a settlement barring deportation of a group of migrants. One judge also held the AEA was invoked illegally.
Lee Kovarsky, D. Theodore Rave, and Steve Vladeck on Class Actions and the Alien Enemies Act Litigation
Kovarsky and Rave defend the use of class actions in AEA habeas cases. Vladeck highlights the significance of the Supreme Court's grant of an injunction to a "putative class" of AEA detainees.
My New Lawfare Article "Trump's 'Emergencies' Are Pretexts for Undermining the Constitution"
The article explains why these claims to emergency powers are illegal and dangerous, and how to stop them.
Trump (Partially) Wins an Alien Enemies Act Case
In a badly flawed decision, a federal district court ruled that Trump can invoke the AEA because the Tren de Aragua drug gang's activities amount to a "predatory incursion."
New Republic Podcast Interview on Our Case Against Trump's "Liberation Day" Tariffs [Updated With Embedded Audio]
Greg Sargent of the New Republic interviewed me.
Trump's 'Deal' With China Leaves American Consumers and Exporters Facing Higher Tariffs Than Before
The White House calls it "the art of the deal," but a 30 percent tariff on imports from China is economically damaging and constitutionally dubious.
The Federal Government's 175,000 Pages of Regulations Turn the Rule of Law Into a Cruel Joke
Trump rightly decries the "absurd and unjust" consequences of proliferating regulatory crimes.
Thoughts on Today's Oral Argument in Our Case Against Trump's IEEPA Tariffs
Outcomes are hard to predict. But the judges seemed skeptical of the government's claim that Trump has virtually unlimited authority to impose tariffs.
Amy Coney Barrett's "Suspension and Delegation" Revisited
One of the justices wrote extensively about when and whether the writ of habeas corpus may be suspended.
Defenders of Trump's Birthright Citizenship Order Offer an Implausible Take on a 127-Year-Old Precedent
Briefs urging the Supreme Court to stay injunctions against the order challenge "the conventional wisdom" about the meaning of an 1898 decision interpreting the 14th Amendment.
How Joe Biden and Donald Trump's Perverse Pardons Undermined the Rule of Law
Biden's pardons for friends and Trump's blanket pardons for January 6 participants set terrible precedents.
President Biden's and the Democrats' Assault on the Supreme Court and the Rule of Law
Democrats tried to alter unconstitutionally the membership of the Supreme Court; they extorted Facebook into censoring free speech; they issued presidential executive orders unsupported by statute; and they pushed unprecedented prosecutions of Biden's predecessor in office, and his 2024 opponent, in the presidential race.
Colorado Federal District Court Issues Additional Alien Enemies Act Ruling Against Trump
The court instituted a preliminary injunction against the Administration's use of the Act to deport Venezuelans.
NPR Interview on Legal Challenges to Trump's IEEPA Tariffs
Steve Inskeep of NPR interviewed me about the case against Trump's "Liberation Day" tariffs.
Trump Administration Makes Damaging Admissions on Alien Enemies Act and Deportations
Trump admits he could return migrant illegally deported to El Salvador. And an intelligence community report concludes the Tren de Aragua drug gang isn't controlled by the Venezuelan government.
Yet Another Federal Court Rules Against Trump in an Alien Enemies Act Case
The Southern District of New York rules Trump invoked the Act illegally, because there is no "invasion" or "predatory incursion."
Rep. Suzan DelBene on Tariffs, Trade Policy, and Congressional Authority
"I've been very vocal about congressional authority under a Democratic president or now under a Republican president," the Washington state congresswoman tells Reason.
What if the President Tries to Annex Greenland and Canada?
Trump's new imperialism makes neither economic nor geopolitical sense.
Can the President Refuse To Spend Money Authorized by Congress?
Impoundment, line-item vetoes, and the tricky problem of cutting spending through the executive branch
Why the Major Questions Doctrine Applies to the President, Not Just Executive Agencies
This is a key issue in cases seeking to limit executive branch power grabs, including Trump's tariffs. Judge Ryan Nelson (a conservative Trump appointee) explains why the president is not exempt from the doctrine.
Trump Tries To Defund NPR and PBS by Executive Order
A new executive order would keep the Corporation for Public Broadcasting alive while telling it to cut off the two biggest public broadcasting networks. Get ready for a legal fight.
Federal Judge Rules Trump's Alien Enemies Act Proclamation Is Unlawful
The Trump-appointed judge found that the administration's use of the Alien Enemies Act "exceeds the scope of the statute and is contrary to the plain, ordinary meaning of the statute's terms."
Federal Court Issues Two Important Rulings Against Trump in Alien Enemies Act Case
Federal district court Judge Fernando Rodriguez ruled that Trump invoked the AEA illegally, and that migrants threatened with deportation under the Act can file class action habeas petitions.
Senate Republicans Voted Overwhelmingly To Continue Trump's Trade War
Sen. Rand Paul's attempt to end the non-existent economic emergency failed to pass the Senate on Wednesday night.
Washington Outsider Report Podcast Interview on the Trump Tariff Litigation
I was interviewed by attorney/podcaster Irina Tsukerman.
The Tariffs Imposed by President Trump Are Unconstitutional
Presidential power must stem from the Constitution or a statute, and the tariffs imposed by President Trump are unauthorized by statute, making them both unlawful and unconstitutional.
Trump's Tariffs Usurp the Legislature's Tax Power
The president’s sweeping import levies have no basis in the statute he cites.
New York Times Symposium on "A Road Map of Trump's Lawless Presidency"
I was one of 35 legal scholars who took part.
Trump's Understanding of Due Process Is Just As Farcical As His Definition of 'Alien Enemies'
A new ACLU lawsuit argues that the government still is not giving alleged gang members the "notice" required by a Supreme Court order.
Pacific Legal Foundation Files Case Challenging Trump's IEEPA Tariffs
PLF is a leading libertarian-leaning public interest organization. Their case is similar to that filed by Liberty Justice Center and myself.
Could 'Princess Awesome' Defeat Trump's Tariffs?
Small businesses and a dozen states have filed a pair of lawsuits challenging Trump's authority to impose tariffs on board games, clothes, and lots of other things.
Twelve States File Lawsuit Challenging Trump's IEEPA Tariffs
The suit resembles previous ones on the same subject filed by the state of California, and by the Liberty Justice Center and myself.
Federal District Court Rules Against Trump in Alien Enemies Act Case
The court ruled that Trump invoked the AEA illegally, blocks deportation of Venezuelan migrants who filed the case, and sets out standards for notifying them of their rights to challenge their deportation.
By Openly Retaliating Against Disfavored Law Firms, Trump Attacks Free Speech and the Right to Counsel
Two of his targets are seeking permanent injunctions against the president's blatantly unconstitutional executive orders.
Bipartisan Group of Prominent Legal Scholars and Former Government Officials Files Amicus Brief Supporting Our Case Challenging Trump's "Liberation Day" Tariffs
Signers include Steve Calabresi, Harold Koh, Richard Epstein, Michael McConnell, Alan Sykes, former Attorney General Michael Mukasey, and others.
Free Press Symposium on "Is Donald Trump Breaking the Law?"
The degree of agreement among participants with major ideological diferences is striking.
Supreme Court Issues Unusual Order in Alien Enemies Act Deportation Case
The order temporarily blocks AEA deportations. It likely also reflects the Court's growing frustration with the Trump Administration.
Motion for Preliminary Injunction, Temporary Restraining Order, and Summary Judgement in Our Case Against Trump's "Liberation Day" Tariffs
The motion was filed today, and sets out our case in detail.
My New Lawfare Article on "The Constitutional Case Against Trump's Trade War"
It explains why the IEEPA "Liberation Day" tariffs are illegal and how our case against them relates to the other three cases challenging Trup's tariffs.
Bloomberg and Forbes Podcast Interviews About our Lawsuit Challenging Trump's "Liberation Day" Tariffs
The Liberty Justice Center and I filed the case on Monday.
